Even during intense litigation the court consistently upheld the status of the private membership association, consequently making it a cornerstone of legal arguments used by the civil rights movement. Though the Constitution does not specifically enshrine private membership associations, the Supreme Court describes the right and power to associate, including under private membership association, as equal to free speech.

Application Varieties

The use for private membership associations has been to shield organization or practitioners from legal scrutiny. In regards to alternative medicine and healthcare private membership associations have opted to induct their patients into the organization to streamline care and get around prohibitive and costly regulation. Under the First and Fourteenth Amendment and equivalent State Constitution provisions, private membership association such as independent alternative medical practitioners can offer me members (patients) benefits and services without the scrutiny of State and Federal agencies.

Legal Foundation and Private Contracting

Private association rights are not just limited to political or social activities, and it can be used by for business purpose like the sale of alcohol. Private membership associations retain the right to privately contract under the 5th privately and 14th Amendments establishing binding partnerships for goods and services. Under these circumstances as long as a private membership association has proper documentation they can transact in goods and services that may be regulated by the state and federal government. Private membership associations are still afforded all the rights and freedoms of an American citizen including the right to due process, should state official make inquiries into their operation and organization.

Disclaimer

The information contained in this email and the supporting attachments provided by ProAdvocate Group are for educational purposes only. Although we have performed extensive research regarding legal principles, our trustees, officers and supporting staff of ProAdvocate Group are not licensed members of the State Bar of Texas. Information provided by members of ProAdvocate Group should not be considered a substitute for the advice of a licensed attorney in handling your legal affairs.”

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About ProAdvocate Group

ProAdvocate Group was formed in April 2003 as a membership association with a mission of teaching and supporting principles of making the law work for you and not against you. Although new in organization, we are not new to this business. Our expertise has been garnered through access to over 41 years of intense research and unprecedented success in these specialized, complex and yet basic legal principles.